There were some fireworks in Karen Read's retrial on Tuesday, starting with the first witness, retired Canton Police Lt. Paul Gallagher, who was back on the stand for more cross-examination. Defense attorney Alan Jackson questioned Gallager for about 90 minutes more on Tuesday, pressing him on the police work he conducted at the scene, and what wasn't done — like why none of the responding officers searched Brian Albert's home after John O'Keefe was found outside. Stream NBC10 Boston news for free, 24/7, wherever you are.
WATCH HERE WATCH HERE In one of the more heated exchanges of the day, Gallagher stood his ground, saying there was not probable cause to do so. "I would have to twist circumstances to have the right to search Brian Albert's house. We had no reason, and there's been no reason since," Gallagher said.
Get updates on what's happening in Boston to your inbox with our News Headlines newsletter. SIGN UP SIGN UP "How about this?" Jackson replied.
"There's a dead guy on the lawn that look liked he was in a physical altercation. How about that?" A blizzard, the crime scene and frantic calls made by Karen Read were the focus of testimony in her second murder trial Tuesday.
Jackson went on to ask Gallagher what he saw when he used a leaf blower to clear the snow off the lawn where O'Keefe's body had been found. Gallagher said he didn't see a single piece of broken tailight, which the prosecution is using as evidence to say Read killed O'Keefe. "As a matter of fact, you didn't see 46 pieces of taillight material, either clear or bright red plastic, in any of the area that you searched?"
Jackson asked. Gallagher confirmed he didn't. The defense has argued that the pieces of taillight that were found at the scene — days after o'keefe's death — were planted by police.
Jackson questioned Gallagher about his friendship with ATF agent Brian Higgins, who has been named as a third-party culprit by the defense and who, with an office at Canton police headquarters, would have access to certain areas others wouldn't. Another bit of police work that Jackson said should have been done but wasn't was getting footage from the security camera of a home across the street belonging to another member of the Canton Police Department. Gallagher said he didn't ask for footage from the night in question because he didn't believe the camera would have captured that incident.
He said he's picked up packages from the home before and the camera only shows the front porch and part of the lawn. "To me, there was no expectation that it had captured anything. So I didn't think it was practical," Gallagher said.
He Was also shown pictures of Read's SUV in the Canton police sallyport," the entryway where it was stored as evidence. In one photo, an investigator held open a brown grocery bag, with plastic Solo cups inside that held O'Keefe's blood collected from the scene. Jackson noted it wasn't sealed, as well as its proximity to the SUV, trying to show there could have been cross-contamination.
"You will agree that having unsealed and unsecured blood right next to the right rear of the SUV is a recipe for cross-contamination, wouldn't you?" Jackson said. Next up, the commonwealth recalled state Trooper Nick Guarino, the man who extracted data from Read and O'Keefe's cellphones.
He showed all the attempts Read made to call O'Keefe throughout the night once she got back to his home, some 52 times. And, then, angry voicemails were played. "John, I f—ing hate you," Read says in a voicemail she left around 12:37 a.m.
In another, Read says, "It's 1 a.m. I'm with your kids, you f—ing pervert" She left eight voicemails in all The final one, left just after 6 a.m., records the commotion at the scene after O'Keefe's body was found, corroborating previous witness testimony of Read's state at the time. In it, you can hear Read in background yelling, "Kerry, Jen, Kerry, Jen!"
Using data from the defendant's phone, Guarino was also able to establish that Read connected to the wifi in O'Keefe's house at 12:36 a.m., meaning that's when she arrived there. Before dismissing the jury for the day, Judge Beverly Canonne said the trial was moving along a bit ahead of schedule. Read didn't say anything to the media on her way out of court.
Witness testimony will resume Wednesday morning.